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Fiscal Year 2007MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Financial Statements For the Year Ended September 30, 2007 MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Contents Independent Auditors' Report_ BASIC FINANCIAL STATEMENTS Page 2-3 Balance Sheet - Governmental Funds 4 Statement of Revenues, Expenditures and Changes In Fund Balance - Governmental Funds___________________________________________________ 5 Statement of Fiduciary Assets and Liabilities - Agency Fund -------------------------------------- 6 Notes to Financial Statements 7 - 11 -------------------------------------------------------------------------------------- REQUIRED SUPPLEMENTARY INFORMATION Schedule of Revenues and Expenditures - Budget to Actual - General Fund ............ 12 Schedule of Revenues and Expenditures — Budget to Actual — Special Revenue Court Related Fund ....................................... 13 Schedule of Revenues and Expenditures — Budget to Actual — Special Revenue Records Modernization Fund ------------------------ 14 SUPPLEMENTARY INFORMATION Statement of Changes in Assets and Liabilities - AgencyFund ........................................................................................................... 15 SUPPLEMENTARY INDEPENDENT AUDITORS' REPORTS Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed In Accordance with Government Auditing Standards_____________________________________________ 16 - 17 Independent Auditors' Management Letter ................................................................... 18 - 19 INDEPENDENT AUDITORS' REPORT To the Honorable Danny L. Kolhage, Clerk of the Circuit Court of Monroe County, Florida: We have audited the accompanying financial statements of each major fund and the aggregate remaining fund information of the Monroe County, Florida Clerk of the Circuit Court (the "Clerk") as of and for the year ended September 30, 2007, which collectively comprise the Clerk's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the Clerk's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. As discussed in Note 1, the accompanying financial statements were prepared for the purpose of complying with Section 218.39(2), Florida Statutes, and Chapter 10.550, Rules of the Auditor General -Local Governmental Entity Audits, and are not intended to be a complete presentation of the financial position of Monroe County, Florida, and the results of its operations and the cash flows of its proprietary funds in conformity with accounting principles generally accepted in the United States of America. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of each of the major funds and aggregate remaining fund information of the Clerk as of September 30, 2007, and the respective changes in financial position thereof for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued a report dated February 8, 2008 on our consideration of the Clerk's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an K audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The budgetary comparison schedules on pages 12-14 are not a required part of the basic financial statements but are supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted primarily of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and we express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Clerk's basic financial statements. The accompanying statement of changes in assets and liabilities - agency fund is presented for purposes of additional analysis and is not a required part of the basic financial statements. This statement has been subjected to the auditing procedures applied by us in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. This report is intended solely for the information and use of management and applicable state agencies, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P. Orlando, Florida February 8, 2008 K3 BASIC FINANCIAL STATEMENTS MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Balance Sheet Governmental Funds September 30, 2007 Major Funds Court Records General Related Modernization Fund Fund Fund Totals ASSETS Assets Cash and cash equivalents $ 1,586,838 $ 1,373,091 $ 1,081,769 $ 4,041,698 Due from Board of County Commissioners 58,242 1,965 - 60,207 Due from other governments - 15,373 - 15,373 Total assets $ 1,645,080 $ 1,390,429 $ 1,081,769 $ 4,117,278 LIABILITIES AND FUND BALANCES Liabilities Accounts payable and accrued liabilities $ 118,408 $ 117,363 $ 116,377 $ 352,148 Due to Board of County Commissioners 1,491,925 470,452 - 1,962,377 Due to Florida Department of Revenue - 675,801 675,801 Deferred revenue - 126,813 126,813 Deposits 34,747 - - 34,747 Total liabilities 1,645,080 1,390,429 116,377 3,151,886 Fund balances - - 965,392 965,392 Total liabilities and fund balances $ 1,645,080 $ 1,390,429 $ 1,081,769 $ 4,117,278 The notes to the financial statements are an integral part of this statement. 4 MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Statement of Revenues, Expenditures and Changes in Fund Balance Governmental Funds Year Ended September 30, 2007 Major Funds Court Records General Related Modernization Fund Fund Fund Totals Revenues Intergovernmental $ - $ 556,090 $ - $ 556,090 Charges for services Board of County Commissioners 2,956,539 963,302 - 3,919,841 Others 1,309,218 2,057,568 421,229 3,788,015 Fines and forfeitures - 1,526,734 - 1,526,734 Interest income 328,012 1,533 65,538 395,083 Miscellaneous 3,399 1,486 - 4,885 Total revenues 4,597,168 5,106,713 486,767 10,190,648 Expenditures Current General government Salaries and benefits 2,510,557 - - 2,510,557 Operating expenditures 571,098 - - 571,098 Court Related Salaries and benefits - 3,754,421 162,878 3,917,299 Operating expenditures - 201,940 488,364 690,304 Capital outlay 23,737 4,406 9,735 37,878 Total expenditures 3,105,392 3,960,767 660,977 7,727,136 Excess of revenues over (under) expenditures 1,491,776 1,145,946 (174,210) 2,463,512 Other financing uses Principal Interest Transfer to Board of County Commissioners Transfer to Florida Department of Revenue Total other financing uses Excess of expenditures and other financing uses over revenues and other uses Fund balances, beginning of year Fund balances, end of year - - (108,901) (108,901) - - (2,711) (2,711) (1,491,776) (470,145) - (1,961,921) - (675,801) - (675,801) (1,491,776) (1,145,946) (111,612) (2,749,334) - - (285,822) (285,822) - - 1,251,214 1,251,214 $ 965,392 $ 965,392 The notes to the financial statements are an integral part of this statement. 5 MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Statement of Fiduciary Assets and Liabilities Agency Fund September 30, 2007 Assets Cash and cash equivalents Due from others Total assets Liabilities Due to others Due to Board of County Commissioners Due to other governmental agencies Total liabilities The notes to the financial statements are an integral part of this statement. 6 $ 3,779,007 16,712 $ 3,795,719 $ 2,685,031 114,820 995,868 $ 3,795,719 MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Notes to Financial Statements Year Ended September 30, 2007 NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reporting Entity - The Monroe County, Florida Clerk of the Circuit Court (the "Clerk") is a separately elected county official established pursuant to the Constitution of the State of Florida. The Clerk's financial statements do not purport to reflect the financial position or the results of operations of Monroe County, Florida (the "County") taken as a whole. Entity status for financial reporting purposes is governed by Statement No. 14 and No. 39 of the Governmental Accounting Standards Board (GASB). Although the Clerk's Office is operationally autonomous, it does not hold sufficient corporate powers of its own to be considered a legally separate entity for financial reporting purposes. Therefore, the Clerk is reported as a part of the primary government of the County. Description of Funds - The accounting records are organized for reporting purposes on the basis of three governmental funds and a fiduciary fund. General Fund — The General Fund is a governmental fund used to account for all revenues and expenditures applicable to the general operations of the Clerk that are not required legally or by accounting principles generally accepted in the United States of America to be accounted for in another fund. Court Related Fund — A special revenue fund is used to account for proceeds of specific revenue sources that are legally restricted or committed to expenditures for specified purposes. The Court Related Fund is a special revenue fund used to account for revenues and expenditures of court functions. Any excess fees over actual expenditures is returned to either the Florida Department of Revenue by January 1 for the preceding county fiscal year or the Monroe County Board of County Commissioners (the "Board"), depending on where the funds originated. Records Modernization Fund — The Records Modernization Fund is a special revenue fund used to account for recording fees for records modernization as established pursuant to an act of the 1987 Florida Legislature. The proceeds are to be used exclusively for equipment, personnel training, and technical assistance in modernizing the official records system and to pay for equipment and start up costs necessitated by a statewide recording system. Fiduciary Fund — The Fiduciary fund of the Clerk is an Agency Fund, which is used to account for assets held by the Clerk as agent. Measurement Focus, Basis of Accounting, and Financial Statement Presentation - The Clerk's financial statements are prepared for the purpose of complying with Section 218.39(2), Florida Statutes, and Chapter 10.550, Rules of the Auditor General -Local Governmental Entity Audits, which require the Clerk to only present fund financial statements. FI MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Notes to Financial Statements Year Ended September 30, 2007 NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) The General Fund and the Special Revenue Funds are governmental funds which use the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized when measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Clerk considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, expenditures related to compensated absences and claims and judgments are recorded only when payment is due. The Clerk reports the General Fund, Court Related Fund and the Records Modernization Fund as major governmental funds and the Agency Fund as a fiduciary fund type. The Agency Fund is custodial in nature and does not involve measurement of results of operations. The Clerk's operations are segregated between court related and non -court related activities as defined by Article V. Any excess of court related revenue over court related expenditures is reflected as a liability to either the Florida Department of Revenue or the Board, depending on the source of the original funding. Any excess of non -court related revenue over non court -related expenditures is reflected as a liability to the Board. Budgetary Requirements — Expenditures are controlled by appropriations in accordance with the budget requirements set forth in the Florida Statutes. The budget is prepared on a basis consistent with accounting principles generally accepted in the United States of America. Cash and Cash Equivalents — The Clerk's cash and cash equivalents consist of demand deposits and highly liquid investments with maturities of 90 days or less when purchased. The Clerk's investments are held in the State Board of Administration Local Surplus Investment Pool Trust Fund ("SBA"), a 2a7-like investment pool stated at share price, which is substantially the same as fair value. Capital Assets — Tangible personal property used by the Clerk's operations are recorded in governmental fund types as expenditures at the time assets are received and a liability is incurred. Purchased assets are capitalized at historical cost in the government -wide financial statements of the County. In addition, the County provides administrative office space and certain other expenditures used by the Clerk at no charge. Compensated Absences — The Clerk permits employees to accumulate earned but unused vacation and sick pay benefits. Related long-term obligations, amounting to $582,455 at September 30, 2007, are included in the government -wide financial statements of the County. F-P MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Notes to Financial Statements Year Ended September 30, 2007 NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Deferred Revenue — The Clerk reports as deferred revenue bond forfeitures that have not yet been recognized as revenue in accordance with Section 903.28, Florida Statutes. This Section requires the recognition of revenue over a two-year period. Amounts are reduced by any reinstatement of bond amounts by court order. Use of Estimates — The preparation of financial statements requires management to make use of estimates that affect reported amounts. Actual results could differ from estimates. NOTE 2 — DEPOSITS AND INVESTMENTS As of September 30, 2007, the Clerk has the following deposits and investments: Demand Deposits $ 6,233,320 Local Government Surplus Trust Fund 1,587,385 Total cash and cash equivalents 7.820.705 Demand and time deposits are fully insured by the Federal Deposit Insurance Corporation or are covered by the State of Florida collateral pool, a multiple institution pool with the ability to assess its members for collateral if a member institution fails. Florida Statutes authorize investments in certificates of deposit, savings accounts, the Local Government Surplus Funds Trust Fund administered by the Florida State Board of Administration, money market funds, direct obligations of the U.S. Treasury, and federal agencies and instrumentalities and Intergovernmental Investment Pools that are authorized pursuant to the Florida Interlocal Cooperation Act, as provided in Section 163.01, Florida Statutes. The Local Government Surplus Funds Trust Fund is not rated as to credit quality risks. The Local Government Surplus Funds Trust Fund is the only investment used by the Clerk this year. NOTE 3 — RETIREMENT SYSTEM Plan Description — The Clerk's employees participate in the Florida Retirement System ("FRS"), administered by the Florida Department of Administration. Employees elect to participate in either the defined benefit plan ("Pension Plan"), a cost sharing, multiple -employer, defined benefit retirement plan, or the defined contribution plan (Investment Plan) under the FRS. As a general rule, membership in the FRS is compulsory for all employees working in a regularly established position for a state agency, county government, district school board, state university, community college, or a participating city or special district within the State of Florida. The FRS provides retirement and disability benefits, annual cost -of -living adjustments, and death benefits to Plan members and beneficiaries. Benefits are established by Chapter 121, Florida Statutes, and Chapter 60S, Florida Administrative Code. Amendments to the law can be made only by an act of the Florida Legislature. NOTE 3 — RETIREMENT SYSTEM (continued) E MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Notes to Financial Statements Year Ended September 30, 2007 Benefits under the Pension Plan are computed on the basis of age, average final compensation, and service credit. Regular class employees who retire at or after age 62 with 6 years of credited service or 30 years of service regardless of age are entitled to a retirement benefit payable monthly for life, equal to 1.6% of their final average compensation for each year of credited service. Vested employees with less than 30 years of service may retire before age 62 and receive reduced retirement benefits. Special risk class employees (sworn law enforcement officers, firefighters, and correctional officers) who retire at or after age 55 with 6 years of credited service, or with 25 years of service regardless of age, are entitled to a retirement benefit payable monthly for life equal to 3.0% of their final average compensation for each year of credited service. Senior Management Service class employees who retire at or after age 62 with at least 6 years of credited service or 30 years of service regardless of age are entitled to a retirement benefit payable monthly for life, equal to 2.0% of their final average compensation for each year of credited service. Elected Officers' class employees who retire at or after age 62 with at least 6 years of credited service or 30 years of service regardless of age are entitled to a retirement benefit payable monthly for life, equal to 3.0% (3.33% for judges and justices) of their final average compensation for each year of credited service. A post -employment health insurance subsidy is also provided to eligible retired employees through the FRS in accordance with Florida Statutes. In addition to the above benefits, the FRS administers a Deferred Retirement Option Program ("DROP"). This program allows eligible employees to defer receipt of monthly retirement benefit payments while continuing employment with a FRS employer for a period not to exceed 60 months after electing to participate. Deferred monthly benefits are held in the FRS Trust Fund and accrue interest. For employees electing to participate in the Investment Plan rather than the Pension Plan, vesting occurs at one year of service. These participants receive a contribution of self -direction in an investment product with a third party administrator selected by the State Board of Administration. The State of Florida annually issues a publicly available financial report that includes financial statements and required supplementary information for the FRS. The latest available report may be obtained by writing to the State of Florida Division of Retirement, Department of Management Services, P.O. Box 9000, Tallahassee, Florida 32315-9000 or accessing their internet site at www.frs.state.fl.us. Funding Policy - The FRS is noncontributory for members. Governmental employers are required to make contributions to the FRS based on statewide contribution rates. The contribution rates by job class at September 30, 2007 were as follows: regular, 9.85%; special risk, 20.92%; special risk administrative support, 12.55%; county elected officers, 16.53%; senior management, 13.12%; and DROP participants, 10.91 %. During the fiscal year ended September 30, 2007, the Clerk contributed to the Plan an amount equal to 10.26% of covered payroll. Clerk contributions to the FRS for the fiscal years ended September 30, 2005 through 2007 were $326,112, $396,086, and $473,712 respectively, which were equal to the required contributions for each fiscal year. The Clerk has historically contributed amounts equal to required contributions and, therefore, does not have a pension asset or liability as determined in accordance with GASB Statement No. 27. NOTE 4 — RISK MANAGEMENT 10 MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Notes to Financial Statements Year Ended September 30, 2007 The Clerk is exposed to various risks of loss related to tort; theft of, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Clerk participates in the coverage provided by the Board of County Commissioners of Monroe County Workers' Compensation, Group Insurance, and Risk Management internal service funds. Under these programs, the Worker's Compensation Fund provides $1,000,000 coverage per claim for regular employees. Workers' Compensation claims in excess of the self insured coverage are covered by an excess insurance policy. Risk Management has a $5,000,000 excess insurance policy for general liability claims with a $100,000 self -insured retention, and building property damage is covered for the actual value of the building with a deductible between $100,000 and $250,000. Deductibles for windstorm and flood vary by location. Monroe County purchases commercial insurance for claims in excess of coverage provided by the funds and for all other risks of loss. Settled claims have not exceeded this commercial coverage in any of the past three years. The Clerk makes payments to the Worker's Compensation, Group Insurance and Risk Management Funds based on estimates of the amounts needed to pay prior and current year claims. NOTE 5 — LEASE COMMITMENTS The Clerk leases various office equipment under cancelable arrangements accounted for as operating leases. Total lease expense was $48,655 for the year ended September 30, 2007. NOTE 6 — LITIGATION The Clerk is a party from time to time in various lawsuits and other claims incidental to the ordinary course of its operation, some of which are covered by the County's self-insurance program. While the results of litigation cannot be predicted with certainty, management believes the final outcome of such litigation will not have a material adverse effect on the Clerk's financial position. NOTE 7 — SUBSEQUENT EVENT On November 29, 2007, the Management of the Local Government Surplus Trust Fund (the "Fund") implemented a temporary freeze on its assets due to an unprecedented amount of withdrawals from the Fund coupled with the absence of market liquidity for certain securities within it. The Clerk's investment cash was withdrawn from the Fund prior to this date and invested in cash equivalents. The Fund did not distribute any November 2007 interest income, estimated to be $6,000. 11 REQUIRED SUPPLEMENTARY INFORMATION MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Schedule of Revenues and Expenditures - Budget to Actual General Fund Year Ended September 30, 2007 Revenues Charges for services Board of County Commissioners Others Interest income Miscellaneous Total revenues Expenditures Current General government Clerk recording Clerk information systems Clerk finance Internal audit Tourist tax audit Non -court administration Non -court records management Total expenditures Excess of revenues over expenditures Other financing uses Contingency Transfer to Board of County Commissioners Total other financing uses Net change in fund balance Fund balance, beginning of year Fund balance, end of year General Fund Variance Original Final Positive Budget Budget Actual (Negative) $ 2,947,930 $ 2,947,930 $ 2,956,539 $ 8,609 1,000,000 1,000,000 1,309,218 309,218 - - 328,012 328,012 3,947,930 3,947,930 4,597,168 649,238 630,406 630,406 531,798 98,608 690,125 671,725 485,511 186,214 1,562,808 1,562,808 1,481,502 81,306 225,312 243,712 239,137 4,575 188,394 188,394 142,544 45,850 126,564 126,564 108,449 18,115 136,642 136,642 116,451 20,191 3,560,251 3,560,251 3,105,392 454,859 387,679 387,679 1,491,776 1,104,097 (387,679) (387,679) - 387,679 (1,491,776) (1,491,776) (387,679) (387,679) (1,491,776) (1,104,097) 1` MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Schedule of Revenues and Expenditures - Budget to Actual Special Revenue Court Related Fund Year Ended September 30, 2007 Revenues Intergovernmental Charges for services Board of County Commissioners Others Fines and forfeitures Interest income Miscellaneous Total revenues Expenditures Current Court Related Clerk administration Clerk records management Clerk jury management Clerk circuit court criminal Clerk circuit court civil Clerk circuit court family Clerk circuit court juvenile Clerk circuit court probate Clerk county court criminal Clerk county court civil Clerk county court traffic Total expenditures Excess of revenues over expenditures Other financing uses Contingency Transfer to Board of County Commissioners Transfer to Florida Department of Revenue Total other financing uses Net change in fund balance Fund balance, beginning ofyear Fund balance, end ofyear Special Revenue Court Related Fund Variance Original Final Positive Budget Budget Actual (Negative) $ 556,198 $ 556,198 $ 556,090 $ (108) 1,001,608 1,001,608 963,302 (38,306) 1,810,140 1,810,140 2,057,568 247,428 1,099,860 1,099,860 1,526,734 426,874 - - 1,533 1,533 - 1,486 1,486 4,467,806 4,467,806 5,106,713 638,907 345,236 345,236 303,210 42,026 372,728 372,728 324,788 47,940 115,504 115,504 104,543 10,961 850,122 836,022 803,464 32,558 439,984 409,434 354,715 54,719 136,203 136,203 128,895 7,308 168,232 168,232 151,334 16,898 92,924 104,062 99,928 4,134 623,638 674,188 664,546 9,642 260,640 243,602 231,847 11,755 894,508 894,508 793,497 101,011 4,299,719 4,299,719 3,960,767 338,952 168,087 168,087 1,145,946 977,859 (168,087) (168,087) - 168,087 (470,145) (470,145) (675,801) (675,801) (168,087) (168,087) (1,145,946) (977,859) 13 MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Schedule of Revenues and Expenditures - Budget to Actual Special Revenue Records Modernization Fund Year Ended September 30, 2007 Special Revenue Records Modernization Fund Variance Original Final Positive Budget Budget Actual (Negative) Revenues Charges for services Others $ 440,000 $ 440,000 $ 421,229 $ (18,771) Interest Income 40,000 40,000 65,538 25,538 Total revenues 480,000 480,000 486,767 6,767 Expenditures Current Court Related Modernization trust 1,272,200 1,272,200 660,977 611,223 Total expenditures 1,272,200 1,272,200 660,977 611,223 Excess of revenues over (under) expenditures (792,200) (792,200) (174,210) 617,990 Other financing uses Contingency (153,800) (153,800) 153,800 Principal (108,902) (108,902) (108,901) 1 Interest (3,098) (3,098) (2,711) 387 Total other financing uses (265,800) (265,800) (111,612) 154,188 Net change in fund balance (1,058,000) (1,058,000) (285,822) 772,178 Fund balance, beginning of year 1,058,000 1,058,000 1,251,214 193,214 Fund balance, end of year $ - $ - $ 965,392 $ 965,392 14 SUPPLEMENTARY INFORMATION MONROE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT Statement of Changes in Assets and Liabilities Agency Fund Year Ended September 30, 2007 Balance Balance October 1, September 30, 2006 Additions Deductions 2007 Assets Cash and cash equivalents $ 3,789,352 $ 46,025,199 $ 46,035,544 $ 3,779,007 Due from others 6,327 53,613 43,228 16,712 Total assets $ 3,795,679 $ 46,078,812 $ 46,078,772 $ 3,795,719 Liabilities Due to others $ 2,301,091 $ 4,862,053 $ 4,478,113 $ 2,685,031 Due to Board of County Commissioners 129,185 1,516,847 1,531,212 114,820 Due to other governmental agencies 1,365,403 39,699,912 40,069,447 995,868 Total liabilities $ 3,795,679 $ 46,078,812 $ 46,078,772 $ 3,795,719 15 SUPPLEMENTARY INDEPENDENT AUDITORS' REPORTS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Danny L. Kolhage, Clerk of the Circuit Court of Monroe County, Florida: We have audited the financial statements of each major fund and the aggregate remaining fund information of the Monroe County, Florida Clerk of the Circuit Court (the "Clerk") as of and for the year ended September 30, 2007, which collectively comprise the Clerk's basic financial statements, and have issued our report thereon dated February 8, 2008 for the purpose of compliance with Section 218.39(2), Florida Statutes, and Chapter 10.550, Rules of the Auditor General -Local Governmental Entity Audits. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the Clerk's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Clerk's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Clerk's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the Clerk's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Clerk's financial statements that is more than inconsequential will not be prevented or detected by the Clerk's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the Clerk's internal control. 16 Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Clerk's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of management and applicable state agencies, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P. Orlando, Florida February 8, 2008 17 INDEPENDENT AUDITORS' MANAGEMENT LETTER To the Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County, Florida: We have audited the financial statements of each major fund and the aggregate remaining fund information of the Monroe County, Florida Clerk of the Circuit Court (the "Clerk"), as of and for the year ended September 30, 2007, which collectively comprise the Clerk's basic financial statements, and have issued our report thereon dated February 8, 2008 for the purpose of compliance with Section 218.39(2), Florida Statutes, and Chapter 10.550, Rules of the Auditor General -Local Governmental Entity Audits. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards, dated February 8, 2008, and it should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor General. Those rules (Section 10.554(1)(i)l) require that we address in the management letter, if not already addressed in the auditors' report on compliance and internal controls, whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. There were no recommendations made in the preceding year's annual financial audit report. The Rules of the Auditor General (Section 10.554(1)(i)2) state that a management letter shall have a statement as to whether or not the Clerk complied with Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit of the financial statements of the Clerk, the results of our tests did not indicate that the Clerk was in noncompliance with Section 218.415 regarding the investment of public funds. The Rules of the Auditor General (Section 10.554(1)(i)3) require disclosure in the management letter of any recommendations to improve the Clerk's financial management, accounting procedures, and internal controls. There were no recommendations in connection with the fiscal 2007 financial statement audit. The Rules of the Auditor General (Section 10.554(1)(i)4) require disclosure in the management letter of any violations of provisions of contracts and grant agreements or abuse that have an effect on the financial statements that is less than material but more than inconsequential. There were no such matters noted. 18 The Rules of the Auditor General (Section 10.554(1)(i)5) allow for the following matters that are inconsequential to the financial statements, considering both quantitative and qualitative factors, to be reported based on professional judgment: a. immaterial violations of laws, rules, regulations and contractual provisions or abuse; b. immaterial improper expenditures or illegal acts; and c. control deficiencies that are not significant deficiencies. There are no such matters reported. The Rules of the Auditor General (Section 10.554(1)(i)6) require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. The Clerk is a separately elected county official established pursuant to the Constitution of the State of Florida. There are no component units related to the Clerk. The Rules of the Auditor General (Section 10.554(1)(i)8) require a statement as to whether or not the Clerk complied with Section 28.35, Florida Statutes, regarding the budget and performance standards certified by the Florida Clerk of Courts Operations Corporation. In connection with our audit, we determined that the Clerk complied with the budget and performance standards pursuant to Section 28.35, Florida Statutes. This report is intended solely for the information and use of management, the State of Florida Office of the Auditor General, and applicable state agencies, and is not intended to be and should not be used by anyone other than these specified parties. CHERRY, BEKAERT & HOLLAND, L.L.P. Orlando, Florida February 8, 2008 19